Can a debt collector threaten to refer my debt to a collection agency?
In North Carolina, debt collectors cannot threaten to refer your debt to a collection agency or take any other adverse action against you if you are unable to repay the amount of debt that is owed. According to the North Carolina Debt Collection Act, a debt collector cannot threaten to take action which is not allowed by law or which cannot legally be taken. This includes, but is not limited to, threatening to refer the debt to a collection agency. If a debt collector attempts to do this, you have a right to take legal action. The North Carolina Attorney General’s Office advises consumers who have received threats from a debt collector to contact their local district attorney’s office or state consumer protection agency. Although the North Carolina Debt Collection Act makes it illegal for debt collectors to threaten action that cannot legally be taken, it does not prohibit legal action that a debt collector may be able to take against you. Debt collectors may be allowed to take legal action against you if you are unable to repay the amount of debt that is owed. Examples include filing a law suit and garnishing your wages. In conclusion, it is illegal for a debt collector to threaten to refer your debt to a collection agency in North Carolina. If you are receiving such threats, you should contact the local district attorney’s office or consumer protection agency in order to take legal action.
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